How to Compute Your Workers’ Compensation
Benefits
State and Private Company Workers
If you have been injured on the job and are
trying to obtain benefits, or have already been
approved for workers’ compensation, you may have
questions about the money you will be receiving.
While that varies slightly state by state, workers’
compensation is based upon the amount a worker would
normally receive before they were injured, subject
to a per-week maximum. Many states used a formula of
two-thirds of the normal amount for individuals and
three-fourths for workers who have dependants.
Compensation is also available for permanent
impairment of limbs, hearing loss or loss of other
senses, and to replace loss of earning capacity. To
find the amount that your state pays, contact your
state’s workers’ compensation board or see our state
by state listing of workers’ compensation laws.
Federal Workers
If a federal employee has no dependents,
compensation is generally payable at the rate of
two-thirds of pre-disability gross wages, tax-free,
subject to a weekly maximum. If the employee has one
or more dependants, compensation is payable at the
rate of three-fourths of pre-disability gross wages,
tax-free.
Longshoremen and Harbor Workers
An injured longshoreman or harbor worker is
eligible to receive compensation for disability at
the rate of 66 percent of the employee's weekly
salary, subject to the specified maximum in effect
at the time of injury, for the duration of the
injury. Compensation is also available for permanent
impairment of limbs, hearing loss, and to replace
loss of earning capacity.
The minimum rate of compensation is 50 percent of
the national average weekly wage or the employee's
full wage. The maximum compensation rate is 200
percent of the current national average weekly wage
as determined by the Secretary of Labor.
Death benefits for spouses and other survivors
State Workers
State workers’ compensation benefits for
surviving family member vary from each state. To
find
the amount that your state pays, contact your
state’s workers’ compensation board or see our state
by state listing of workers’ compensation laws.
Federal Workers
Families of federal workers will receive
compensation equal to a percentage of the monthly
pay of
the deceased employee. The percentage is broken down
as follows:
- For the widow or widower, if there is no
child, 50 percent.
- For the widow or widower, if there is a
child, 45 percent and in addition 15 percent for
each child not to exceed a total of 75 percent
for the widow or widower and children.
- To the children, if there is no widow or
widower, 40 percent for one child and 15 percent
additional for each additional child not to
exceed a total of 75 percent, divided equally
among the children.
- To the parents, if there is no widow, widower,
or child:
- 25 percent if one parent was wholly dependent on
the employee at the time of death and the other was
not dependent to any extent.
- 20 percent to each parent if both were wholly
dependent.
Longshoremen and Harbor workers
Benefits are paid to a widow or widower or other
eligible survivors if an accident causes death.
Funeral expenses are covered up to $3,000. The
surviving spouse of a covered employee receives 50
percent of the average weekly wages of the deceased
employee for life or until remarriage. Awards to
dependent siblings, children and grandchildren end
when they reach age 18, but may be extended if the
child is a student or is incapable of self-support.
If you feel that you are not receiving the fair
amount of compensation owed to you by law, please
contact a competent workers’ compensation
attorney immediately. By hiring a workers’
compensation lawyer who knows the complex workers’
compensation laws of your state, you are
guaranteeing that your best interests are being
protected. |
